On July 2, 2024, Indonesia implemented Law No. 4 of 2024, focusing on Maternal and Child Welfare during the First Thousand Days of Life. This legislation aims to enhance the health and well-being of mothers and their children, covering the period from pregnancy until the child reaches the age of two. Below are the essential aspects of this new law and its implications for employers.

Overview of Law 4/2024

The new law is designed to improve the welfare of mothers and children in Indonesia. It emphasizes the importance of breastfeeding, stating that infants should be exclusively breastfed for the first six months and continue until they are two years old, unless there are valid medical reasons preventing this.

Key Rights Established for Working Mothers

Law 4/2024 outlines several rights for working mothers, including:

1. Maternity Leave: Guaranteed leave for new mothers.

2. Miscarriage Leave: Paid time off in case of miscarriage.

3. Breastfeeding Support: Facilities and time to express breast milk at work.

4. Childcare Leave: Sufficient time off for the well-being of their children.

5. Affordable Childcare: Access to reasonably priced daycare services.

Maternity Leave Provisions

One of the significant features of Law 4/2024 is the maternity leave policy:

1. Duration:

Working mothers are entitled to a minimum of three months of maternity leave following childbirth, with the possibility of an additional three months if justified by a doctor.

2. Comparison with Manpower Law:

Unlike the earlier Manpower Law, which stipulated 1.5 months of leave before and after birth, Law 4/2024 specifically allows for three months after birth.

Implications for Employers

Employers need to be aware that:

1. The law emphasizes a clear three-month maternity leave from the birth of the child.

2. The intent is to ensure the health and welfare of infants during their first six months.

Salary Guidelines During Maternity Leave

Both the Manpower Law and Law 4/2024 require employers to pay salaries during maternity leave, but there are differences in payment structures:

– 100% Salary: For the first three months.

– 100% Salary: For the fourth month.

– 75% Salary: For the fifth and sixth months.

Considerations for Employers

– Employers must ensure compliance with the new salary payment guidelines.

– There is potential for confusion regarding the reduced salary during the fifth and sixth months compared to previous laws.

Penalties for Non-Compliance

Under the Manpower Law, employers face serious consequences for not adhering to maternity leave provisions, including:

1. Imprisonment: Ranging from one to four years.

2. Fines: Between IDR 100 million and IDR 400 million.

Additional Employer Responsibilities

Law 4/2024 introduces further obligations for employers:

1. Paid Leave for Miscarriage:

Employees can take up to 1.5 months of paid leave in the event of a miscarriage, based on medical recommendations.

2. Protection Against Termination:

Employees exercising their rights for maternity or miscarriage leave cannot be terminated from their jobs.

Paternity Leave Rights

Working fathers are also granted rights under the new law:

1. Paternity Leave:

Two days of paid leave during childbirth, plus an additional three days if agreed upon with the employer.

2. Miscarriage Leave for Fathers:

Two days of paid leave available in the event of a miscarriage.

Breastfeeding Support and Accommodations

Law 4/2024 mandates that workplaces provide:

1. Facilities for Breastfeeding: Adequate spaces for mothers to breastfeed or express milk.

2. Time Off for Childcare: Sufficient breaks for mothers to tend to their children’s needs.

Employer Adjustments

Employers should also:

– Modify work duties and hours for mothers as necessary.

– Ensure that adjustments do not compromise overall work conditions and goals.

Rights for Mothers with Disabilities

The law recognizes the unique needs of mothers with disabilities, ensuring they receive the rights and accommodations outlined in relevant disability laws.

Conclusion

Indonesia's Law No. 4 of 2024 marks a significant advance in supporting maternal and child health. Employers must be proactive in understanding and implementing these changes to comply with the law and foster a supportive work environment for their employees. By doing so, businesses can contribute positively to the well-being of families in Indonesia, enhancing their overall workforce productivity and morale.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or compliance advisor for your specific situation. Remoly assumes no liability for any loss resulting from the use of this information.